PCM20090203
CITY OF MUSKEGO approved
PLAN COMMISSION MINUTES
6:00 PM Tuesday February 3, 2009
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Johnson called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Johnson, Ald. Fiedler (6:10 pm), Commissioners Hulbert, Noah, Burke, Stinebaugh,
Jacques, Director Muenkel, and Recording Secretary McMullen.
ABSENT
None.
Recording Secretary McMullen noted that the meeting was properly noticed on January 27,
2009 in accordance with the Open Meeting Law.
MINUTES
Commissioner Stinebaugh made a motion to approve the minutes of the January 6, 2009
meeting. Commissioner Noah seconded. Upon a voice vote, motion to approve the minutes
was ADOPTED unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 002-2009 – Approval of City owned land sale located at S75 W13950
Bluhm Drive (2207.997.009) in the SW 1/4 of Section 12 to the owners of S75 W13880 Bluhm
Court (2207.051) located in the SW 1/4 of Section 12. Director Muenkel explained this item
was deferred for staff to research what the future build-out scenarios for this property could be.
The homeowner’s parcel is currently zoned RS-2 single family residential and the proposed
property for purchase is zoned I-1 government and institutional. With a zoning permit, a
basketball court would be allowed on the property, however an accessory structure would not
be allowed under the I-1 zoning. Also, the zoning ordinance would regulate any lighting on the
property and the noise ordinance would regulate noise.
Mr. May explained the intent is for a basketball court only. There is not enough space in his
yard to install one there. The court will be for personal use and not for training. Mr. May stated
he has cleaned up and maintained this field for the last 12 years. Mr. May stated he is
requesting to install a paved 42’ x 50’ asphalt court. There are no plans for a clubhouse or
risers. There will be no additional traffic as his children are not old enough to drive. Mr. May
stated he spoke to the neighbor to the west of the lot and she was concerned with noise and
kids from outside the subdivision playing on the lot. Mr. May assured her there would be no
uninvited kids playing on the court.
Ald. Fiedler explained he talked to the neighbors and their concerns are noise, traffic, lighting,
and the what could happen if the Mays move. Ald. Fiedler noted some common statements he
heard is there is a park nearby with a basketball court, but Ald. Fiedler pointed out the
basketball hoops are in a parking lot. Also, there is a basketball hoop in the May’s driveway,
but Ald. Fiedler noted that the driveway slopes downhill and the ball rolls into the road. Ald.
Fiedler expressed concern with the potential for additional traffic and cars parked in the
subdivision and the future of the basketball court if the Mays move.
Plan Commission Minutes, continued
February 3, 2009
Commissioner Jacques questioned if this type of a basketball court would be allowed in the
May’s backyard. Director Muenkel stated they would still need a zoning permit and 75% of the
property would need to remain green space, but more than likely there would be room for
additional impervious surface.
Mayor Johnson explained he is concerned about the future of the property and future owners.
Mayor Johnson suggested landscaping along the south side of the court. Mr. May agreed to
put in landscaping such as pine trees for screening. Director Muenkel suggested requiring a
landscape plan to be included with the future zoning permit for the basketball court. Ald.
Fiedler made a motion AMEND Resolution #P.C. #002-2009 to read, BE IT FURTHER
RESOLVED, That a landscape plan must be submitted and approved before the zoning
permit can be issued for the basketball court that shows staggered pine trees along the
south side of the court. Commission Noah seconded. Upon a roll call vote, Resolution #P.C.
002-2009 was AMENDED unanimously. Commissioner Hulbert expressed concern with the
process for determining the purchase price of the property. Commissioner Hulbert suggested
an independent appraiser should determine the price. Mayor Johnson explained there are no
State Statutes the City must follow when selling property only when purchasing property and
the City Assessor is qualified to give a reasonable price. Upon a roll call vote, AMENDED
Resolution #P.C. 002-2009 was ADOPTED 6-1 with Commissioner Burke voting no.
#P.C. 001-2009 – Review of Moorland Road Water Tower color and design located in the NE
1/4 of Section 3. Director Muenkel explained pictures are included in the supplement of the
water tower with similar colors to the GE building. Commissioner Jacques requested a tan color
that matched closer to the GE building. Mayor Johnson noted they would be able to get the
same color used from the construction company. Commissioner Jacques stated she liked
“Muskego” in the smaller blue script written three times around the water tower.
Commissioner Hulbert stated he would like to see some cattails around the M in Muskego as
they would tie into the gateway sign.
Commissioner Burke explained he does not like the tan color but would have liked to see the
water tower in a light blue with the darker blue script or if the tower is going to be tan than the
script should be darker tan as to not stand out.
Commissioner Noah stated he liked option C, as is, and does not want to see cattails.
Commissioner Stinebaugh made a motion to approve option C with the same tan color as the
GE building and “Muskego” in the smaller blue script. Ald. Fiedler seconded. Upon a roll call
vote, motion passed 6-1 with Commission Burke voting no.
OLD BUSINESS SCHEDULED FOR DEFERRAL.
None.
CONSENT BUSINESS
RESOLUTION #P.C. 083-2008 – Approval of a Three Lot Certified Survey Map for the
Muskego Commerce Center West property located in the NE 1/4 of Section 3 (Tax Key Nos.
2169.993.003 & 2169.993.004). Commissioner Stinebaugh made a motion to ADOPT.
Commissioner Noah seconded. Upon a roll call vote, Resolution #P.C. 083-2008 was
ADOPTED unanimously.
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Plan Commission Minutes, continued
February 3, 2009
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 008-2009 – Approval of a Two-Family Structure for the Lynn Kurer
property located in the SE ¼ of Section 2 (Tax Key No. 2168.987 / Woodland Place &
Janesville Road). Commissioner Burke made a motion to ADOPT. Commissioner Stinebaugh
seconded. Director Muenkel explained the petitioner is proposing a two-family residential
structure on the northeast corner of Woodland Place and Janesville Road. This area is part of
the HC-1 zoning district and therefore required Plan Commission review to ensure that the
design guide requirements are being met. Elevations, site survey, and a floor plan have been
submitted. The parking will be handled with a two-car attached garage and large driveway for
each unit. A landscape plan must be submitted and approved before building permits can be
issued. The Historic Crossroads Design Guide required architecture with bungalow or colonial
revival influences that include the following:
Low pitched gable or clipped gable roofs
Decorative beams or braces under gables
Shake siding or accents
Small glass panes in upper window sashes
Decorative elements over doors/windows
The structure is proposed to be constructed with exterior materials including cultured stone,
natural blend weathered stone ledge, medium beige colored hardiplank siding, deep
beige/taupe colored bands, shake gables and doors, and dimensional asphalt shingles to
match Bushy’s. The structure also includes architectural elements such as lower pitch roofs,
tapered box columns, shake siding, and arched trim elements. The building does contain 4-
sided architecture and is a good example of what this zoning and design guide encourage.
Director Muenkel pointed out the building elevations do not contain 50% masonry product,
which is allowed as part of the Historic Crossroads Design Guide. The Design Guide focuses
more on the architectural features and the overall architectural design. The Resolution also
states that any garbage/recycle containers must be kept within the garages of the units, and
that all mechanical devices need to be screened with landscaping or other screening devices.
Staff recommends approval and feels the plans meet the intention of the design guide and
zoning district.
The petitioner, Lynn Kurer, spoke on behalf of the submittal. Ms. Kurer explained the units will
each be 1,815 square foot tri-level condos and will be a good fit for the lot.
Commissioner Hulbert stated he liked the front view and while he is not looking to require 50%
masonry he suggested adding more banding on the west side. Ms. Kurer explained there will
be a patio and half wall on this side that may conflict with additional banding. Commissioner
Noah suggested using the same cultured stone that is being used on the back on the west side
and on the wall. Mike Delivar, architect for the project, explained a cultured stone would need a
foundation, but instead planned on using a Belgian brick stack paver and the same type of
stone cap on the wall as the cultured stone on the building. On the side elevation there is a lot
of detail dimension that is not shown on the drawing including windows wrapping around the
corner. More bands of brick or stone may look too busy.
Commissioner Noah questioned if the residents to the east have been contacted. Ms. Kurer
stated she has walked the property with the neighbor and there are no concerns. Upon a roll
call vote Resolution #P.C.008-2009 is ADOPTED unanimously.
RESOLUTION #P.C. 006-2009 – Recommendation to Common Council to amend Chapter
17 Section 5.02(7) and Chapter 18 Sections 18.31(3)(b), 18.32(3)(b), 18.33 (3)(b), & 18.80 (2)
of the Municipal Code relating to wetland protection offsets. Commissioner Stinebaugh made a
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Plan Commission Minutes, continued
February 3, 2009
motion to ADOPT Resolution #P.C. 006-2009. Ald. Fiedler seconded. Director Muenkel
explained last year Council approved the same statutes as the DNR has for wetlands, but over
the past year it was discovered that these requirements are not practical to most property
owners. Currently a development must have the wetlands delineated and the DNR must concur
with the susceptibility of the wetlands and then require a setback of 10-75 feet. Staff met with
the DNR to discuss the current regulations. The DNR informed staff that their regulations do
not apply if there is less than one acre of land disturbance, and that even when the regulations
do apply; there are various things that can be done to waive their requirements. The DNR
commended the City for having our own regulations. After discussing with the DNR staff is
proposing a set distance of 15 feet for the wetland protection offset. The City’s regulations will
be in addition to any DNR regulations and anything over 1 acre of disturbance the DNR
regulations will apply.
Commissioner Noah questioned if someone wanted to put a fence along their property line but
was within the wetland offset. Director Muenkel noted that there is language in the ordinance
that will allow a fence and landscape features within the Wetland Protection Offset area as long
as they do not cross into or impact the wetlands.
Ald. Schaefer spoke on behalf of residents with concerns about the wetlands. In this situation
layers will be taken away from the wetlands. Ald. Schaefer stated she has contacted the DNR
and received feedback stating they had concerns as well. Ald. Schaefer stated the City needs
to be cautious with the high quality wetlands. Ald. Schaefer requested this item be deferred to
allow her to meet with staff and the DNR to discuss another option that will keep the layers of
the wetlands. Commissioner Hulbert made a motion to DEFER Resolution #P.C. 006-2009.
Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 006-2009 was
deferred unanimously.
NEW BUSINESS PLACED ON FILE
DOCKET #P.C. 004-2009 – Approval of a Four Lot Certified Survey Map for the Thomas
Wernette property located in the NE 1/4 of Section 12 and the SE 1/4 of Section 1 (Tax
Key No. 2205.041 / W128 S7110 Flintlock Trail).
DOCKET #P.C. 007-2009 – Recommendation to Common Council to adopt the 2020
Comprehensive Plan for the City of Muskego.
MISCELLANEOUS BUSINESS
1. 2020 Comprehensive Plan – Director Muenkel explained the 2020 Plan is in the final
stages and a draft of the plan will be on the Plan Commission agenda next month.
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A public information meeting is scheduled for February 23 and a Common Council
public hearing will be scheduled for March. A notice will be mailed to every resident
in the City.
2. Digital Plan Commission Materials – Director Muenkel explained staff is looking into
making Plan Commission, Common Council, and Finance packets digital. An
internet connection will be needed and with a password you would be able to access
a power point type program. Commissioner Hulbert stated he still would like a hard
copy.
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Plan Commission Minutes, continued
February 3, 2009
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 7:08 PM. Ald. Fiedler seconded. Upon a voice
vote, motion carried. With no further business to come before the Commission, the meeting was
adjourned.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
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